BGH: Regulator may also identify companies when making decisions
The Federal Network Agency banned a gas supplier from operating and made this public by naming the company. The company took legal action against – to no avail
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The Federal Network Agency may publicly inform about sanctions against energy suppliers and also name the company concerned. This was decided by the Federal Court of Justice (BGH) on Tuesday, rejecting an appeal by a gas supplier (case no. EnVR 10/24).
According to the BGH, the company had terminated the existing gas supply contracts of around 370,000 households under the name "gas.de" at the end of 2021 and justified this with an "unprecedented price explosion on the European energy trading markets". The Federal Network Agency, as the responsible regulatory authority, also informed the company that it would no longer be active on the market as an energy supplier for household customers.
Prohibited from re-entering the market
In March 2023, gas.de wanted to resume business with household customers. Following an investigation, the Federal Network Agency prohibited the company from doing so. The regulatory authority informed the public of this in a press release, which also mentioned the name of the company. The company lodged an appeal against this identifying publication with the DĂĽsseldorf Higher Regional Court, which rejected it (case no. VI-3 Kart 481/23).
The BGH has now also dismissed the appeal. The Energy Industry Act (EnWG) generally allows the Federal Network Agency to name the companies affected by decisions. This serves the purpose of transparency, the BGH emphasized: "Whether and in what way publication takes place in individual cases is at the discretion of the Federal Network Agency."
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gas.de and Stromio
In the meantime, gas.de is once again listed as an energy supplier with the Federal Network Agency. "gas.de Versorgungsgesellschaft mbH has been on the list of energy suppliers notified to the Federal Network Agency in accordance with Section 5 EnWG since the update at the turn of March/April 2025," confirmed a spokeswoman for the authority on request. The Federal Network Agency did not provide any details on the decision.
gas.de is a sister company of Stromio, which also stopped supplying electricity in December 2021. The Hesse Consumer Advice Center is conducting model declaratory proceedings against Stromio. The register of claims is kept at the Federal Office of Justice. Customers have also filed claims for damages against the company. Stromio is not currently listed as an energy supplier with the Federal Network Agency.
(vbr)
